Telangana High Court
WP/36868/2024 of Sri Muppalla Narendra Babu Vs The State of Telangana on 31 December 2024
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36868 OF 2024 Between: Sri Muppalla Narendra Babu, S/o M. Raghavaiah,
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
TUESDAY,THE THIRTY FIRST DAY OF DECEIVBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 36868 OF 2024
Between:
Sri Muppalla Narendra Babu, S/o M. Raghavaiah, Aged about 39 years Occ.Business, Fl/o Q No.935AB, BHEL Township, General Hospital, R.C. Puram,Hyderabad, Telangana State.
, ..PETITIONER
AND
1. The State of Telangana, Rep by its Principal Secretary Revenue DepartmentDr B R Ambedkar Telangana Secretariat HyderabadDr B R Ambedkar Telangana Secretariat Hyderabad
2. The District Collector, Sanga Reddy Sanga Reddy District
3. The Revenue Divisional Officer, Sanga Reddy Division Sanga Reddy District
4. The Tahsildar, Ameenpur Ameenpur Mandal, Sanga Reddy District
...RESPONDENTS
Petition under Article 226 o'f the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ, Order or direction more particularly one in the nature ofWRIT OF MANDAMUS declaring the action of the respondent No. 4 in issuingimpugned notice Vide No.[REDACTED] dated 0310412024 to the petitioner who isaffected party being absolute owner and possessor of houses constructed in thePlot No.232 admeasuring 150 Sq Yards in Sy No.345 to 350 and 357 to 360,situated at Ameenpur Village and Mandal, Sangareddy District by stating that theconstructions are in Sy. No.343, without conducing any land survey and withoutdemarcating Sy No. 343 is illegal, arbitrary and violation of [principles ]of NaturalJustice, apart from violation of Articles 14 and 300-,4 of Constitution of lndia andto set-aside the impugned nolice- 8.157612023 dated 0310412024
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be [pleased ]tosuspend the impugned notice Vide No. [REDACTED]-20 dated 0310412024 anddirect the respondent No.4 not to interfere with the [possession ]of the [petitioner's]house building in Plot No. 232 admeasuring 150 Sq [yards ][in ]Sy No. [345 ][to ][350]and 357 to 360, situated at Ameenpur Village and [\ilandal. Sangareddy [District,]pending disposal of the Writ Petition Counsel for the Petitioner: SRl. RAMAVARAM CHANDRASHEKAR REDDYCounsel for the Respondents: GP FOR REVENUEThe Court made the following: ORDER
HON'BLE SRI JUSTICE C.V.BHASKAR [REDDY]
WRIT PETITION No.36868 OF 2o24
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ORDER:
This writ petition is filed with thc following relief:- '. . .lo issue wit, order or dvectlon more partict arlg one in thenalure of Wit of Mandamus declaring [the act[on of ][the ][respondent]No4 irt issuing impugned totice uide No.B/576/2O23 [dated]03.04.2024 to the petitioner tuho is affected partg being [absolute]owner and possessor of houses consttucted in the [PIot ][No ][232]admeasunng 15O Sq.gards in Sy.No.345 to [35O ]and 357 [to ][360,]situated at Ameenpur Village & Mandctl, Sangareddy [thstrtct ][bg]stating that the constructiotls are in 5g.No.343, uithout [conducting]ang land surueg and without demarcating [Sg.No.343 ][is ][iLlegal,]arbttrary and utolation of [pnrLciples ]of Notural [Justice, apart ]frotnviolcttion of Articles 14 ctnd 300 A of Constitution [oI ]India and [to set]aside the impugned notice B/ 576/ 2023 dated [03.04.2O24 ][and ][to]pass such other order or orders as thls Hott'ble Court mag deerrt fi.tctttd proper in the interest of luslice'.
2. Considered the submissions o[ the learned counsel for [the]parties and with their consent this writ petition is disposed of atthe admrssion stage.
3. It is stated that the petitioner has purchased plot bearingNo.241, admeasuring l50 square [yards ]in Sur-vey Nos.345 to 350and 357 to 360, situated at Ameenpur Village and [Mandal,]Sangareddy District, through registered sale deed zide documentNo.17133/2019 from one Jeripeti Vinay Raj and others andconstructed a house in thc subject plot, after obtaining necessarypermission from the competent authorities. It is further statedthat the respondent authorities without taking into considerationthat the land purchased by the petitioner forming part inSy.Nos.345 to 35O and 357 to 36O, have issued impugned show CVI]R..I
wp .i6868 202:1
cause notlce to him stating that he has encroachcd theGovernment land forming part in Survey No.343 to an cxtent ofAcs'268.37 gts., and calred for an explanation u,i.hin r5 davs fromthe date of rcccipt of lhe notice. The grievance ol the pcritioncr isthat thc rcsponclent authorities without taking rnto ronsjderarionof the documents enclosed in support of his explanatiolt. issueclthe impugned show cause notice dated O3.O4.2O24 zrs to why heshould not be subjected to eviction from the subJect land, as he isin unauthorizecr occupation of the Government land rvhich lalls i,Survey No.343.the date of rcccipt of lhe notice. The grievance ol the pcritioncr isthat thc rcsponclent authorities without taking rnto ronsjderarionof the documents enclosed in support of his explanatiolt. issueclthe impugned show cause notice dated O3.O4.2O24 zrs to why heshould not be subjected to eviction from the subJect land, as he isin unauthorizecr occupation of the Government land rvhich lalls i,Survey No.343.
4. Lcarned counsel for the petitioner has submitted that thcpe titioner has rcceived the said impugned notice and after receiptof the impug,ed notice, the petitioner has sLLbmitted ancxplanation statiltg that the land in possession of thc pctitiot_rer isnot forming part of Survey No.343.
5. Lcarncd Assistant Government pleader appcarlng lbr thcrespondents vchemently contended that the impugned shou,causenotice has been issued in proceedings No.B/576/2O23, dated03.O4.2024, calling explanation from the petitioner and the pcriodprcscribed in the.show cause notice expired long back.
6. Except stating that the period prescribed under the showcause notice has expired long back, learned Assistant (iovernment Pleader has not placed any record to show that the respondentshave passed any order under Section 6 of the Act.
7. In view of the above submissions, if no orders have beenpassed in pursuance of the impugned show cause notice,respondent No.4 is directed to consider theexplanation/ documents submitted by the peLilioner by issuingfresh show cause notice to the petitioner and thereafter pass anappropnate reasoned order by following the procedurc [prescribed]under the Act and communicate the same to the petitioner. Tillsuctr time, thc partics are directed to maintain sratus quo existingas on today over the subject property. [f any orders [have ][Lteen]passed in pursuance of the said impugned order, the petilioner isat liberty to file an appeal before the appellate authorityconstituted under Section 1O of the Act.
8. With the above observations, this Wril Petition is disposed of.No order as to costs As a sequel, the miscellaneous petitions, if any, pending inthis writ petition shall stand closed . SD/.N. SRIHARIASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,1. The Principal Secretary Revenue [Department ][D]Secretarial,T.S., Hyderabad1. The Principal Secretary Revenue [Department ][D]Secretarial,T.S., Hyderabad R Ambedkar Telangana
2The District Collector, Sanga [Re]ddv Sanoa Reddv District3The Revenue Divisional Officer,Sahga RiOoy Division Sanga [Reddy District]4The Tahsildar, Ameenpur Ameenpur Mandal, Sanga [ReddY District]5One CC to SRl. RAMAVARAMCC to SRl. RAMAVARAMto SRl. RAMAVARAMSRl. RAMAVARAMCHANDRASHEKAR REDDY, [[Advocate]]toPUCl3The Revenue Divisional Officer,Sahga RiOoy Division Sanga [Reddy District]4The Tahsildar, Ameenpur Ameenpur Mandal, Sanga [ReddY District]5One CC to SRl. RAMAVARAMCC to SRl. RAMAVARAMto SRl. RAMAVARAMSRl. RAMAVARAMCHANDRASHEKAR REDDY, [[Advocate]]toPUCl 5One CC to SRl. RAMAVARAMCC to SRl. RAMAVARAMto SRl. RAMAVARAMSRl. RAMAVARAMCHANDRASHEKAR REDDY, [[Advocate]]toPUCltoPUClbt*o CCs to GP FOR REVENUE ,High [Court ][for ][the ][State ][of ][Telangana ][at]Hyderabad [OUT]Hyderabad [OUT]
7. Two CD CopiesBMBM
HIGH COURT
DATED:31 11212024
ORDER
WP.No.36868 of 2024
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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